Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
- 0
-
Tell a friend
-
Recent Achievements
-
Our picks
-
Caluza Triangle defines what is necessary for service connection
Tbird posted a record in VA Claims and Benefits Information,
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”-
- 0 replies
Picked By
Tbird, -
-
Post in ICD Codes and SCT CODES?WHAT THEY MEAN?
Timothy cawthorn posted an answer to a question,
Do the sct codes help or hurt my disability ratingPicked By
yellowrose, -
-
Post in Chevron Deference overruled by Supreme Court
broncovet posted a post in a topic,
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.Picked By
Lemuel, -
-
Post in Re-embursement for non VA Medical care.
broncovet posted an answer to a question,
Welcome to hadit!
There are certain rules about community care reimbursement, and I have no idea if you met them or not. Try reading this:
https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/
However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.
When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait! Is this money from disability compensation, or did you earn it working at a regular job?" Not once. Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.
However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.
That rumor is false but I do hear people tell Veterans that a lot. There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.
Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.
Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:
https://www.law.cornell.edu/cfr/text/38/3.344
Picked By
Lemuel, -
-
Post in What is the DIC timeline?
broncovet posted an answer to a question,
Good question.
Maybe I can clear it up.
The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more. (my paraphrase).
More here:
Source:
https://www.va.gov/disability/dependency-indemnity-compensation/
NOTE: TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY. This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond. If you were P and T for 10 full years, then the cause of death may not matter so much.Picked By
Lemuel, -
-
Question
Bonzai
Please pardon the length of my post, but I am looking for feedback. I haven’t been on the board for awhile, and already miss the critique that Carlie and Stretch would have offered.
I am 100% service-connected Permanent and Total for Bipolar Disorder. I was awarded 100% in October 2009, backdated to September 2007. Initially, I was in the VA system from 1994 to mid-1997, before they finally successfully diagnosed me as having a Bipolar Disorder. I responded to medication treatment well for seven years (during which time I used the Vocational Rehabilitation and Employment (VR&E) program to obtain two computer-related degrees, until the medication stopped working overnight. My Bipolar Disorder came back worse than ever, and nothing tried by VA and private psychiatrists worked in the least bit. Finally after 2007, in which I missed half the year being hospitalized time and again, I listened to my psychiatrists telling me I was disabled and resigned. After 8 years of failed attempts at controlling my Bipolar Disorder, the VA has finally given me the Veterans Choice program allowing me to see a psychiatrists and psychologists specializing in Bipolar Disorder.
I have a rare form of Bipolar Disorder, which is why it took the VA so long to diagnose what was wrong with me. I am hyper-manic, as a result, I have longer days than most people do, and look for things to fill up my time. I do not suffer from depressive episodes like many others having Bipolar Disorder do. The lack of depression, in itself, is a danger sign, and the VA has given me months of therapy to cope with depression if it should hit me. There is a school of thought that people with my form of Bipolar Disorder cannot handle depression, and just spiral downwards until they commit suicide. But I digress, sorry about that.
I was recently talking to another veteran about MIT offering their entire course curriculum online for free. You don’t get any credit, but you can study the subjects and I was playing around with that. He informed me that the VA is required by law to retrain me into a different profession, since I cannot work at my previous one; due to not being able to work a regular full-time job in the field I was previously trained in through VR&E. So I researched it and found:
According to 38 USC Chapter 31 §3103. Periods of eligibility: (c) In any case in which the Secretary determines that a veteran is in need of services to overcome a serious employment handicap, such veteran may be afforded a vocational rehabilitation program after the expiration of the period of eligibility otherwise applicable to such veteran if the Secretary also determines, on the basis of such veteran's current employment handicap and need for such services, that an extension of the applicable period of eligibility is necessary for such veteran and—(2) that such veteran had previously been rehabilitated to the point of employability but (A) the need for such services had arisen out of a worsening of such veteran's service-connected disability that precludes such veteran from performing the duties of the occupation for which such veteran was previously trained in a vocational rehabilitation program under this chapter, or (B) the occupation for which such veteran had been so trained is not suitable in view of such veteran's current employment handicap and capabilities.
So, indeed I qualify, but there is a caveat. I must have a feasible Rehabilitation Plan to present to the Vocation Rehabilitation counselor consisting of education needed, and employment plans. The only option that would fit me is self-employment. So I looked at self-employment careers, and found photography. I researched further, and found that VR&E had even given someone $30,000 to start their own photography studio after they were trained. I know I cannot be relied upon to work at the studio full-time, but I am not alone. I have a wife who wants to use her Dependents Educational Assistance to obtain a degree in photography too. The difference being is that mine would be a Masters of Fine Arts in Photography, while hers would be a Bachelors of Fine Arts in Photography. While I would be the one to setup everything to run the studio on my own time, she would actually be the manager with a receptionist. We would even hire local freelance photographers to shoot events, if need be.
So basically, I would utilize project management skills to develop a business plan for the studio, and perform everything necessary for the start-up. Having a Masters degree would give me the necessary knowledge to oversee the entire operation, but not have to be there 8 to 5; which I know I cannot do. My wife will be the studio manager.
I have researched 100% service connected Permanent and Total for Mental Disorders and going to college. Most of what I have read is “why would you risk the Golden Apple?”. First: I cannot be absolutely sure I will achieve the Masters degree, although I am quite confident; because having a Bipolar Disorder has no impact on your Intelligence Quotient. Second: Each and every one of us is unique, and not one size fits all. While some may consider 100% SC P&T the Golden Apple, I feel a need to do something other than exist and age. Third: I doubt that I will the studio will make enough after expenses for the initial couple of years for me to make more than Substantial Gainful Activity. If the studio starts to succeed and grow, then I can put myself on the payroll. Fourth: With a Masters degree, I will be qualified to teach other photographers the finer arts of photography. Fifth: I can undertake subjects for photojournalism and submit my work in competitions. Sixth: I believe in helping others. I live in a small rural town, and there are under-privileged Seniors who cannot afford to have Senior Pictures taken. I would love to help them. Seven: There is a World of opportunities to be explored that I haven’t even thought of.
I have not read anywhere that someone with a 100% SC P&T Mental cannot go to college. I know “a 100 percent evaluation is warranted where there is total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; and memory loss for names of close relatives, own occupation, or own name.”.
I know I cannot attend a traditional college with scheduled courses, but I have found an online University that is regionally accredited where I can take the classes at my own pace. My social interactions would be online and not in person. I can study at-home, even when I have locked myself away from the World. There will be deadlines to meet, but I worry more about getting the work done too early, rather than late. Going to college is different than having an occupational job, although obtaining an occupational job is the goal of attending college.
I need to mention that my wife is my rock I cling to. She tells me to go lay down, when I’m getting manic. It is absolute torture to lay down and rest your body, when your mind is racing with all the things you could be doing, and the minutes go by ever so slowly. She goes to all my appointments with me, and tattles about everything!
The floor is open for comments, and thank you in advance.
"It is a terrible thing, when you lose your train of thought and you only have a one track mind"... Me
96C2P/96F2P (old MOS designations)
97E2P/37F2P (new MOS designations)
Link to comment
Share on other sites
Top Posters For This Question
5
2
2
2
Popular Days
Jul 28
9
Jul 29
4
Aug 27
1
Aug 29
1
Top Posters For This Question
Bonzai 5 posts
broncovet 2 posts
Buck52 2 posts
sunnyh 2 posts
Popular Days
Jul 28 2016
9 posts
Jul 29 2016
4 posts
Aug 27 2016
1 post
Aug 29 2016
1 post
Popular Posts
Buck52
I think when we get a certain age & living with a SC.Disability for years & years...at some point in our life we need to stop worrying so much about the damn VA and get on with our life and st
Bonzai
I have been in serious discussion with a mother of a professional photographer, and found out that there is a reason for all the closings of photography studios around the Country. The field is fairl
Chuck75
14 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now